Lalan Kumar Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21874 of 2025 Arising Out of PS. Case No.-79 Year-2024 Thana- Cyber P.S. District- Lakhisarai ====================================================== Lalan Kumar Tanti Son of Umesh Tanti Resident of village - Nandnama, P.S.- Ramgarh Chowk, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Cyber P.S. Case No. 79 of 2024 registered for the offences punishable under Sections 318(4) and 319 of the Bhartiya Nyay Sanhita 2023 and under Sections 66(C) and 66(D) of the Information and Technology Act.
3. As per the prosecution story, one Arjun Singh has alleged that a person has cheated him of Rs. 59,750/- for providing benefit of Kusum Yojana. The person has contacted him on his mobile phone. Later, it was detected that the alleged mobile no. is active in Lakhisrai district and on the basis of location of the mobile phone, police team reached at village -
Patna High Court CR. MISC. No.21874 of 2025(2) dt.28-04-2025 2/3 Nandnama in Ramgarh Chowk P.S. and on seeing police team, one person tried to flee with a laptop but he was nabbed and he disclosed his name as Lalan Kumar Tanti (petitioner) and during search, one mobile phone with a sim card has been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. Even the amount was paid in whose account is also not disclosed by the informant. The learned Sessions Judge while rejecting the prayer for bail had relied on certain evidence transpired during the investigation consisting of seizure list witnesses who were member of the raiding party. Except confession of the petitioner, no direct or indirect evidence is against the petitioner. Confession before the police is not admissible under Section 23(2) of the Bhartiya Sakshya Adhiniyam 2023. Petitioner is not the beneficiary, therefore motive or intention in defrauding any one is not made out against the petitioner. Petitioner has clean antecedent and he is in custody since 07.12.2024.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
Patna High Court CR. MISC. No.21874 of 2025(2) dt.28-04-2025 3/3 the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisrai in connection with Cyber P.S. Case No. 79 of 2024 subject to the condition that petitioner will remain physically present on each and every date till the disposal of the case failing which, on three consecutive dates without reasonable cause, the bail bond of the petitioner is may be cancelled by the Trial Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T